11 Nov California Creditors Subject to Fair Debt Collection Act

Californians enjoy expanded protections from unfair debt collection practices because state law makes the original creditor comply with collector limitations found in federal law. The federal Fair Debt Collection Practices Act applies only to third party collectors; in California even the original creditor, collecting its own account, is subject to the provisions of 15 U.S.C. 1692(b)-1692(j).

The provision I find most useful for clients not yet ready to file bankruptcy is the provision that requires debt collectors to cease communicating with the individual. The consumer has a right to insist that the collector get off the phone and out of the mail box.

Exercise that right by sending the creditor or collector a letter invoking your election not to be contacted about the debt. This does not make the debt go away, just the debt collector.

In the event that you have to enforce your right to be left alone by a collector, send the letter by certified mail and keep a copy. Keep a record of any contacts by the collector after your letter was received so that you have a trail of evidence of the violation of law.

Cathy Moran, Esq.

I'm a certified specialist in bankruptcy law (California State Bar Board of Legal Specialization) practicing in the San Francisco Bay Area for more than 30 years. In addition to practicing bankruptcy law, I train new practitioners at Bankruptcy Mastery.